Overview

This website is operated by DesignYardSale.org. Throughout the site, the terms “we”, “us” and “our” refer to Design Yard Sale. Design Yard Sale offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Squarespace, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Terms of submission

The artist remains author and owner, and retains all common law, statutory and other reserved rights, including copyrights.

By uploading images of your work as a submission for donation, you grant us with a nonexclusive license to reproduce the image digitally, in either original or altered form, for the purposes of promotion and sales for the duration of the event. This may include, but is not limited to, our website or social media accounts. 

By donating a physical item, you grant us the right to represent and describe the item in a manner that we deem to be most appropriate for the event. 

In the case of donated digital images, you also give permission for us to reproduce the images physically in the form of prints for sale for the event. 

In all cases, artists will not receive monetary compensation from us for the sale or reproduction of their work for the event, as all proceeds will go towards selected charities.

Site Transactions

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Disclaimer

The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Design Yard Sale expressly disclaims any duty to update or revise the materials on the Site, although Design Yard Sale may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Design Yard Sale shall not be liable for any damages of any kind related to your use of the Site.

The products on the Site are sold “as is”. All sales are final and may not be returned or exchanged. Order fulfillment for certain items are handled by the donor and Design Yard Sale is not liable for discrepancies in the item description or shipping delays.

Product Pricing

The prices displayed on the Site are quoted in U.S. Dollars, unless otherwise indicated.

Coupons and Discounts

Offer valid on online purchases made from 11:00 AM EST, 8/1/2020 until 12 AM EST, 8/2/2020. To redeem online, add the qualifying amount of merchandise shown above to your shopping bag, enter promotion code LASTCHANCE during checkout, and prices will be adjusted. Code is valid for one-time use only. Sales tax, shipping & handling do not qualify toward minimum purchase amount. This offer is not redeemable for cash or gift cards, nor is it valid toward previous purchases. Offer valid on in-stock items only. No rain checks issued. Offer not valid for prior purchases. Other restrictions may apply.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

Site Content

All trademarks appearing on the Site are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. Patents used in connection with the Site are the property of their respective owners, which may include us. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Content").

The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.

Copyright Complaints

Design Yard Sale respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please notify us via contact@designyardsale.org.

Indemnification

You agree to defend, indemnify and hold Design Yard Sale harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).